Regulation 59 Insertion of regulations 11A and 11B into the Appeals RegulationsF1

After regulation 11 of the Appeals Regulations there shall be inserted the following regulations—

“ Hearing by chairman sitting alone

11A

(1)

The prescribed circumstances for the purpose of paragraph 9 of Schedule 4A to the Act (child support appeal tribunals) are—

(a)

in relation to a referral, where an application has been made on the grounds set out in paragraph 3 or 4 of Schedule 4B to the Act;

(b)

in relation to an appeal under section 28H of the Act, where that appeal is against the rejection of an application by the Secretary of State under section 28B(2) of the Act or a decision of the Secretary of State on an application made on the grounds set out in paragraph 3 or 4 of Schedule 4B to the Act; or

(c)

in relation to an appeal under section 28H of the Act or to any referral, where a chairman has directed that an oral hearing be held by a tribunal under regulation 5(4).

(2)

Where the circumstances set out in sub-paragraph (a), (b) or (c) of paragraph (1) apply, a chairman may decide that the appeal or referral shall be dealt with by a tribunal constituted by the chairman of the tribunal sitting alone.

Consideration of more than one appeal under section 28H of the Act

11B

A tribunal which is considering an appeal under section 28H of the Act in respect of a departure direction which relates to a maintenance assessment may, if it considers it appropriate to do so, consider at the same time any appeal under that section in respect of another departure direction which relates to the same maintenance assessment.”.